HomeMy WebLinkAbout5193 897 Route 28 Chapter 40B Withdrawn Memo TC 12.22.25ARKOUTH TOWN CLERK 12.E
DEC 22125 pm2:50
0 RAT 9
TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5193
December 22, 2025
MEMBERS SITTING (September 25, 2025 and November 13, 2025 hearings): Chairman Sean Igoe,
Dick Martin, John Mantoni, Barbara Murphy, and Anthony Panebianco
PETITION 5193: (continued from 09i25,25) NSG Mattacheeset Village, LLC, Applicant, and Nantucket
Sound Group, Inc., Property Owner. Property Location: 897 Route 28, South Yarmouth, MA. Map &
Lot #: 41.46; Zoning District: B-1, B-2 , HMOD-I, and VOD-3. The Applicant seeks a Comprehensive
Permit under M.G.L. Chapter 40B §§20-23. The project requires waivers from §202.5 (A-12 multi -family use);
§203 (density, number of buildings per lot, and building separation); §203.4 (building height); §203.5 (building
setbacks, impervious coverage); §301.4.4 (parking buffer); §301.4.6 (in -lot trees); and §301.5 (parking spaces)
to construct 3 buildings for a total of 27 rental units, of which 25° o of the units will be restricted for low and
moderate -income households.
Stephen Cleary, Director of Management and Administration, ACRE i Nantucket Sound Group, appeared at the
September 25, 2025 hearing. The Board reserved the right to challenge the validity of the October 23, 2023
MassHousing Project Eligibility Letter which expressly limited the project to not more than 23 rental units. The
Petitioner did not submit a Comprehensive Landscape Plan nor a Photometric Plan to determine compliance
with §301.4.10 (exterior lighting for parking lots) per the Site Plan Review Comments, dated August 12, 2025.
The Board had concerns about the substantial project changes from what was represented in the May 24, 2023
MassHousing Project Eligibility application (23 rental units; 44 parking spaces; one (1) building with elevators;
basement with mail'package delivery room, community room/co-working space, fitness room, dog wash station,
bike room and maintenance closets:`storage) to what was submitted in the August 28, 2025 ZBA application
(27 rental units; 30 parking spaces; three (3) buildings; no elevators; no basement; crawl spaces only). The
Board also noted: the loss of mature trees; the lack of sufficient parking, in -lot trees, proper buffers, and a
playground; and the substantial changes to the architectural design from what was represented to MassHousing.
The Petitioner testified that the plans submitted to the ZBA were "preliminary" and he could obtain updated
drawings in a month. Accordingly, a motion was made by Mr. Martin, and seconded by Mr. Panebianco, to
continue the hearing to November 13, 2025. The members voted as follows: Mr. Martin: AYE; Mr. Panebianco:
AYE; Mr. Mantoni: AYE; Ms. Murphy: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor.
Therefore, the hearing was continued to November 13, 2025.
On the morning of the November 13, 2025 hearing, the Petitioner submitted a letter via email, requesting to
withdraw the petition for a Comprehensive Permit. At the hearing, a motion was made by Mr. Martin and
seconded by Mr. Mantoni, to allow the petitioner to withdraw the petition for a Comprehensive Permit without
prejudice. The members voted as follows: Mr. Martin: AYE; Mr. Manton: AYE; Ms. Murphy: AYE; Mr.
Panebianco: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the request to
withdraw the petition for a Comprehensive Permit without prejudice was granted.
Sean Igoe, Chairman -�_!